(a)

1. (1) Bids shall be opened and read by a representative of the Construction Section at the designated time and place.
2. (2) Representatives of the department are recommended to be present at the bid opening.
3. (3) The Construction Section representative is responsible for establishing the official expiration of time.
4. (4) In those instances where this is not practical or possible for the representative to attend the bid opening, the Construction Section may delegate this authority to a representative of the department.
5. (5) See 22 CAR §§ 112-306 – 112-308.

(b)

1. (1) Bids may be opened in any order, but if listed on a prepared tabulation, they should be opened in such order.
2. (2) The review of licensure and bid security are the responsibility of the Construction Section or the department official depending upon which entity is conducting the bid opening (see 22 CAR § 112-103).
3. (3) The bid tabulation form must be sent to the Construction Section within two (2) working days of the bid opening.
4. (4) Refer to 22 CAR § 112-310 for bid tabulations.

(c)

1. (1) After the bids are opened and reviewed, the Construction Section will send a letter to the department with the results of the bid opening along with the apparent low bidder’s submission.

2. (2) The department must complete and return the Owner’s Determination to Award form to the Construction Section designating one (1) of the following:

   1. (A)

(i) Bid acceptance.

1. (ii) The letter regarding the bid results must be completed and signed by the department.

   1. (iii) The department shall return the original to the Construction Section;

   2. (B)

      1. (i) Rejecting all bids and rebidding.
      2. (ii) If the department wishes to reject all bids and rebid, it shall provide justification to the Construction Section.
      3. (iii) Requests for rebids which contain revisions to the bid documents must be reviewed and approved by the Building Authority Division before a new bid date will be set;

   3. (C)

      1. (i) Negotiation.
      2. (ii) The Construction Section must be contacted before any negotiation can occur.
      3. (iii) Unless the project was bid and awarded under the historic site laws, emergency contracting procedures, or the alternative delivery method, all negotiations shall be made pursuant to Arkansas Code § 22-9-203 and requirements under the minimum standards and criteria unless exempted by law; or

   4. (D)

      1. (i) Bid or award cancellation.
      2. (ii) Departments shall provide written justification to the Construction Section for cancellations of a bid opening or award of contract.